[Federal Register Volume 66, Number 155 (Friday, August 10, 2001)]
[Notices]
[Pages 42234-42235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20176]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CA-670-01-1610-JP-064B, C00-0927 WHA-ADR]


Temporary Closure of Federal Land

AGENCY: Bureau of Land Management, Interior.

ACTION: Pursuant to Title 43 Code of Federal Regulations 8364.1, the 
Bureau of Land Management proposes to temporarily close parts of 
Federal land in Imperial County to camping to protect the resources, 
desert tortoise habitat and its associated plants and wildlife. The 
public land areas described below are approximately 40 square miles of 
public lands east of Glamis, Imperial County, California.

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SUMMARY: The Bureau of Land Management (BLM) proposes to temporarily 
close an area of public land to camping in Imperial County. The area 
lies east of the Imperial Sand Dunes Recreation Management Area and is 
specifically described below. This proposed closure is to provide 
interim protection for a threatened species, the desert tortoise 
(Gopherus agassizi). By taking this interim action, BLM contributes to 
the conservation of a threatened species in accordance with Section 
7(a)(1) of the Endangered Species Act (ESA), 16 U.S.C 1536(a)(1). BLM 
also avoids making any irreversible commitment of resources which would 
foreclose any reasonable and prudent alternatives which might be 
required as a result of the consultation on the amendment to the CDCA 
Plan in accordance with Section 7(d) of ESA, 16 U.S.C 1536(d). The 
proposed closure would remain in effect until a Record of Decision is 
signed on the North Eastern Colorado Desert Bio-regional Plan which is 
anticipated in September 2002.
    While the area would be closed to camping, driving on existing 
routes of travel would still be authorized. In addition, the proposed 
closure does not apply to private lands within the described area.
    The area of the camping closure is a contiguous area described in 
two parts. Part 1: To the north of State Highway 78 (78), an area 
bounded on the south by 78, on the west by Ted Kipf Road, on the east 
by the Union Pacific Railroad tracks (UPRR), and on the north by a 
connecting line between Ted Kipf Road and the UPRR at a point 12 miles 
northwest of 78. Part 2: An area north and south of 78, bounded in part 
to the southwest by the UPRR, to the extreme southeast by Olgilby Road, 
and to the northeast by the private property of the Mesquite Mine; and 
further bounded outboard to the north and east to a point of one (1) 
mile and parallel to the pattern and connections of the following three 
roads--78, Vista Mine Road, and Ted Kipf.
    The Order for closure will be posted in the appropriate BLM Offices 
and at places near and/or within the area to which the closure or 
restriction applies (see El Centro Field Office at end of this Notice).

DATES: No sooner than 30-days after publication of this notice, a 
Federal Register Notice of final decision will be published.

SUPPLEMENTARY INFORMATION: On March 16, 2000, the Center for Biological 
Diversity, and others (Center) filed for injunctive relief in U.S. 
District Court, Northern District of California (Court) against BLM 
alleging that BLM was in violation of Section 7 of ESA, 16 U.S.C 1536, 
by failing to enter into formal consultation with the FWS on the 
effects of adoption of the California Desert Conservation Area Plan 
(CDCA Plan), as amended, upon threatened and endangered species. On 
August 25, 2000, BLM acknowledged through a Court stipulation that 
activities authorized, permitted, or allowed under the CDCA Plan may 
adversely affect threatened and endangered species, and that BLM is 
required to consult with the U.S. Fish and Wildlife Service (USFWS) to 
insure that adoption and implementation of the CDCA Plan is not likely 
to jeopardize the continued existence of threatened and endangered 
species or to result in the destruction or adverse modification of 
critical habitat of listed species.
    Although BLM has received biological opinions on selected 
activities, consultation on the overall CDCA Plan is necessary to 
address the cumulative effects of all the activities authorized by the 
CDCA Plan. Consultation on the overall Plan is complex and the 
completion date is uncertain. Absent consultation on the entire Plan, 
the impacts of individual activities, when added together with the 
impacts of other activities in the desert, are not known. The BLM 
entered into negotiations with plaintiffs regarding interim actions to 
be taken to provide protection for endangered and threatened species 
pending completion of the consultation on the CDCA Plan. Agreement on 
these interim actions avoided litigation of plaintiffs' request for 
injunctive relief and the threat of an injunction prohibiting all 
activities authorized under the Plan. These interim agreements have 
allowed BLM to continue to authorize appropriate levels of activities 
throughout the planning area during the lengthy consultation process 
while providing appropriate protection to the desert tortoise and other 
listed species in the short term. By taking interim actions as allowed 
under 43 CFR Subpart 8364, BLM contributes to the conservation of 
endangered and threatened species in accordance with

[[Page 42235]]

Section 7(a)(1) of the ESA. BLM also avoids making any irreversible or 
irretrievable commitment of resources which would foreclose any 
reasonable and prudent alternative measures which might be required as 
a result of the consultation on the CDCA plan in accordance with 
Section 7(d) of the ESA. Closure of camping in the vicinity of the 
Algodones Dunes was included in the settlement stipulation concerning 
All Further Injunctive Relief.
    The EA concerning this closure is available for a 15 day review 
period beginning approximately 1 week after publication of this notice. 
Interested parties should contact the Field Office Manager for a copy 
and the review schedule. The documents will also be available for 
review at the BLM web site www.ca.blm.gov. Written comments may be sent 
to the address listed below in this notice.
    The BLM proposes a camping closure to reduce impacts to desert 
tortoise habitat and its associated plants and wildlife. This closure 
would impact several hundred campers and approximately 40 square miles 
of land. Vehicle traffic in this area is adversely impacting desert 
tortoise habitat to a noticeable extent. The use is increasing to 
outlying areas. Such use is not consistent with the area's limited use 
classification which limits OHV activity in this area. Currently, the 
area immediately east of Glamis and described above in this notice is 
noticeably impacted by OHV activity. The goal is to restore the desert 
habitat.

FOR FURTHER INFORMATION OR TO SUBMIT COMMENTS CONTACT: Roxie Trost, 
BLM, El Centro Field Office, 1661 S. 4th Street, El Centro , CA 92243, 
telephone (760) 337 4400.

    Dated: August 3, 2001.
 Roxie C. Trost,
 Acting Field Manager.
[FR Doc. 01-20176 Filed 8-9-01; 8:45 am]
BILLING CODE 4310-40-P